FEDERAL COURT OF AUSTRALIA
SZFCX v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 890
SZFCX v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
NSD 762 OF 2005HELY J
16 JUNE 2005
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
NSD 762 OF 2005
BETWEEN:
SZFCX
APPLICANTAND:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
RESPONDENTJUDGE:
HELY J
DATE OF ORDER:
16 JUNE 2005
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
1.The application for an extension of time within which to file and serve a Notice of Appeal be dismissed with costs.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
NSD 762 OF 2005
BETWEEN:
SZFCX
APPLICANTAND:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
RESPONDENTJUDGE:
HELY J
DATE:
16 JUNE 2005
PLACE:
SYDNEY
REASONS FOR JUDGMENT
This is an application for an extension of time within which to file and serve a Notice of Appeal from the judgment of Scarlett FM delivered on 13 April 2005. The matter has now been in the list on two occasions. On the first occasion the applicant did not appear. I therefore adjourned the matter until today to give the applicant a second opportunity to attend and prosecute his claim. I gave some directions as to notification of the adjournment to the applicant and I am satisfied by virtue of the letter from Phillips Fox of 7 June 2005 that the directions which I gave have been complied with.
The applicant has not appeared before me today. The application should therefore be dismissed with costs.
I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Hely. Associate:
Dated: 30 June 2005
The applicant did not appear Solicitor for the Respondent: Phillips Fox Date of Hearing: 16 June 2005 Date of Judgment: 16 June 2005
- AGLC
- SZFCX v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 890
- Case
- [2005] FCA 890
- Decision Date
CaseChat Overview and Summary
The court considered the statutory framework governing the time limits for appeals in immigration matters, as well as the relevant case law. The court noted that the statutory time limits for lodging an appeal were mandatory and jurisdictional. Furthermore, the court observed that SZFCX had not provided a satisfactory explanation for the delay in filing the Notice of Appeal. Given these considerations, the court found that SZFCX was not entitled to an extension of time. The court held that the application for an extension of time should be dismissed with costs.
The court's decision was based on a strict interpretation of the relevant legislation and case law. The court found that the statutory time limits for lodging an appeal were mandatory and could not be extended by the court. Additionally, the court held that SZFCX had failed to provide a satisfactory explanation for the delay in filing the Notice of Appeal. The court's decision was therefore consistent with the principles of administrative law and the need to uphold the rule of law. As a result, the application for an extension of time was dismissed with costs.
Orders
Orders of the court
1. The application for an extension of time within which to file and serve a Notice of Appeal be dismissed with costs.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
Established by: HELY J
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